Stearns v. Gosselin
Supreme Court of Vermont
Assumpsit. Trial by jury, September Term, 1885, D. E. Nicholson, Assist. J., presiding. Judgment for the plaintiff. Whether Edward Gosselin intended to prefer Joseph Gosselin in making the payment to him was a material issue. R. L. s. 1860. A party to a transaction who becomes a witness is a competent witness for all purposes, and may testify to his own mental processes, such as knowledge, intent, etc. 1 Greenl.
Read the full summary
Assumpsit. Trial by jury, September Term, 1885, D. E. Nicholson, Assist. J., presiding. Judgment for the plaintiff. Whether Edward Gosselin intended to prefer Joseph Gosselin in making the payment to him was a material issue. R. L. s. 1860. A party to a transaction who becomes a witness is a competent witness for all purposes, and may testify to his own mental processes, such as knowledge, intent, etc. 1 Greenl. Ev. s. 53, n.; Hulett v. Hulett, 37 Vt. 581; Lombard v. Oliver, 7 Allen, 15-5; Fish v. Chester, 8 Gray, 506; Thatcher v. Phinney, 7 Allen, 146; Wheeldon v. Wilson, 44 Me. 1. There is…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action to recover back money-claimed to have been paid to the defendant by Edward Gosselin, an insolvent debtor, in preference to his other creditors, and in fraud of the insolvent law. The only controversy appears to have been as to whether the payment made by Edward Gosselin to Joseph was so made. As tending to show that it was not, the defendant offered to show by Edward that at the time he made the payment he did not intend to prefer Joseph to his other creditors. The court excluded the evidence; and the only question is as…
2Cases cited1 opinion
- Hulett v. HulettSupreme Court of Vermont · 1865
3Cited by6 opinions
- Crawford v. JoslynSupreme Court of Vermont · 1910
- Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913
- Love v. TomlinsonColorado Court of Appeals · 1892
- Dunbar v. ArmstrongAppellate Court of Illinois · 1904
- Flower v. BrumbachAppellate Court of Illinois · 1889
1 more not listed; retrieve them via the Exa API.